PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation been recognized as both “a cause and consequence” of discrimination,673 and – it follows – persons who have experienced discrimination are often among the least likely in society to possess the financial resources needed to bring a discrimination claim or to afford legal support. OHCHR, for instance, has noted that persons with disabilities “number disproportionately among the world’s poor and face challenges in affording legal advice and representation”.674 Special procedure mandate holders have noted similar patterns at the national level.675 Some treaty bodies have also recognized socioeconomic status as a distinct ground of discrimination falling within “other status”,676 and cases challenging the denial of legal aid on related grounds have been brought before regional human rights tribunals.677 (d) Standing Treaty bodies have increasingly recommended that an inclusive approach be taken to national rules regulating legal standing and the participation of interested third parties in discrimination claims.678 Although the specific details of rules on standing will depend on the national legal system, to guarantee access to justice for victims of discrimination, such rules should ensure that associations, organizations and other legal entities that have a legitimate interest in the rights to equality and non-discrimination may bring a claim on behalf or in support of persons subjected to discrimination, with their approval or on their behalf, in any judicial or administrative proceedings. VICTIMHOOD AND STANDING: EQUAL LEGAL CAPACITY Certain groups in society are denied legal standing due to provisions allowing the transfer of decisionmaking powers to another person or institution. This is particularly the case for persons with intellectual or psychosocial disabilities, though discriminatory denial of legal capacity can also occur on other grounds or on a combination of them. Understanding of the requirement of equal legal capacity has developed significantly in recent years, in large consequence as a result of the Convention on the Rights of Persons with Disabilities. Article 12 of the Convention on the Rights of Persons with Disabilities requires States to recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life. Under article 12 (3), State parties “shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity”. Such measures, under article 12 (4), should include “appropriate and effective safeguards to prevent abuse … [that] are free of conflict of interest and undue influence, are proportional and tailored to the person’s circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body”. 92 673 See, for instance, OHCHR, “Guiding principles on extreme poverty and human rights” (Geneva, 2012), para. 18. 674 A/HRC/37/25, para. 40. 675 In a visit to the United Kingdom in 2018, for example, the Special Rapporteur on extreme poverty and human rights noted that: “Women, racial and ethnic minorities, children, single parents, persons with disabilities and members of other historically marginalized groups face disproportionately higher risks of poverty.” See A/HRC/41/39/Add.1, para. 67. 676 See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 35, in which the Committee uses the term “economic and social situation”. 677 See, for example, European Court of Human Rights, Airey v. Ireland, Application No. 6289/73, Judgment, 9 October 1979. The Court has also found violations of the right to non-discrimination in cases concerning the denial of legal aid to non-nationals. See, for example, European Court of Human Rights, Anakomba Yula v. Belgium, Application No. 45413/07, Judgment, 10 March 2009. 678 The Committee on the Rights of Persons with Disabilities, for instance, has noted that actions in the public interest (actio popularis) are an important means of ensuring participation in the justice system, which is necessary to ensure access to justice. The Committee on the Elimination of Discrimination against Women has called on States to “ensure that rules on standing allow groups and civil society organizations with an interest in a given case to lodge petitions and participate in the proceedings.” Similar recommendations have been made in the regional forums. For example, the Parliamentary Assembly of the Council of Europe has recommended the removal of “legal obstacles to legal standing, notably by allowing courts to accept the submission of third-party interventions and equality bodies to represent individuals in legal proceedings in certain cases”. In respect of its own application procedure, the African Commission on Human and Peoples’ Rights has stressed the importance of actio popularis in enabling justice. See Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 53; Committee on the Elimination of Discrimination against Women, general recommendation No. 33 (2015), para. 16 (c); Parliamentary Assembly of the Council of Europe resolution 2054 (2015) on equality and non-discrimination in access to justice, para. 5.4; and African Commission on Human and Peoples’ Rights, Article 19 v. State of Eritrea, communication No. 275/2003, Decision, 16–30 May 2007, para. 65.